2, the hotel does not have the right to unilaterally terminate the labor contract, "Chinese People's Republic of China *** and the State Labor Law," Article 25 of the laborers have one of the following circumstances. The employer may terminate the labor contract:
(a) during the probationary period is proved to be incompatible with the conditions of employment;
(b) a serious violation of labor discipline or the rules and regulations of the employer;
(c) a serious dereliction of duty, self-serving, causing significant damage to the interests of the employer;
(d) be investigated for criminal responsibility according to law.
Article 26 An employer may terminate an employment contract under any of the following circumstances, but shall give the worker thirty days' notice in writing:
(1) if the worker is ill or injured not due to work, and after the expiration of the medical treatment period, he is unable to engage in the original work or in the work otherwise arranged by the employer;
(2) if the worker is unable to perform the work, and after training or adjustment of the work position, the worker is unable to perform the work, and after training or adjustment of the work position, the worker is unable to perform the work.
(b) the worker is unable to perform the work, and after training or adjusting the work position, he or she is still unable to perform the work;
(c) there is a significant change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and no agreement can be reached on the alteration of the labor contract through the negotiation of the parties concerned.
Article 27 If an employer is on the verge of bankruptcy during the statutory rectification period or if the production and operation situation is in serious difficulties and it is necessary to reduce the number of employees, the employer shall explain the situation to the trade unions or all the employees 30 days in advance, listen to the opinions of the trade unions or the employees, and may reduce the number of employees after it has reported the situation to the administrative department of labor. Employers in accordance with the provisions of this article to reduce the number of personnel, within six months of hiring, shall give priority to the recruitment of the personnel to be reduced.
It can be seen that the hotel does not have the right to unilaterally terminate the labor contract. Should ask the hotel to restore the labor relationship, or ask for payment of labor compensation, in accordance with the current provisions, the employer unlawfully terminate the labor contract or terminate the labor relationship in accordance with the provisions of Article 24, Article 26, Article 27 of the Labor Law, should be given in accordance with the relevant provisions of the state economic compensation. For the number of years a worker has worked at the organization, economic compensation equal to one month's wages shall be paid for each year of work. If the working time is less than one year, the economic compensation shall be paid according to the standard of one year. The standard for calculating the salary for the economic compensation is the average monthly salary of the worker for the 12 months prior to the termination of the contract in the case of normal production of the enterprise.
3, you can sue the court directly tort liability, but for the hotel labor disputes, must first labor arbitration committee first arbitration, this is the pre-procedure, not to sue again.
4, to drink too much wine, the hotel does not exist infringement, for future sequelae, the hotel is not responsible, but should be able to ask Zhou responsible.
4, the hotel's compensation, is based on the woman's loss made, right? Rights can be accepted, but this is a different legal relationship with the demand for payment of labor compensation, can still require arbitration and prosecution.
Summary: the key here are two legal relationships, one is the infringement of Zhou, the other is the labor relationship with the hotel.